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January 25, 2011 - 3:41PM
Bikie gang member Peter Zervas joined in an airport brawl to support his brother but had no part in sparking the melee, his barrister says.
His younger brother Anthony Zervas, 29, died on March 22, 2009, after being beaten with steel bollards and stabbed during a fight between the Hells Angels and rival gang Comanchero.
Days after the killing at Sydney Airport, Zervas was seriously injured when his car was sprayed with bullets outside his home.
At Downing Centre Local Court today, Zervas's lawyer Avni Djemal said his client still suffered emotionally over the killing of his brother and his own brush with death.
"He's here because he stood by his brother," Mr Djemal said.
"And he's in court today and he's pleaded guilty."
Zervas is being sentenced for one charge of affray after a riot charge against him was dropped in October.
Mr Djemal said Zervas did not start the brawl nor did he arrive to the airport to engage in any confrontation.
Zervas was acting in self-defence and in the defence of his brother, he said.
But magistrate John Favretto said Zervas would have been aware trouble could escalate between the rival gangs.
"I'm not saying he went there to cause trouble ... but he did not just go there to pick [someone] up," he said.
"The inference was that he was warned ... there could be trouble, 'please come'."
Mr Djemal concluded his submission by asking for a suspended jail sentence if the magistrate was considering a custodial sentence.
He also raised the option of an intensive corrections order, meaning Zervas would avoid prison but have to comply with a number of conditions such as counselling and community service.